Article | Role of Criminal Division of the Supreme Court of Lithuania in the Course of Harmonization of Court Practice |
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Authors | Prapiestis J |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2016 |
Pages | 79 - 94 |
Annotation | In the Lithuanian Republic, the Supreme Court is the only court of cassation that carries out the revision of judgments of the courts of general jurisdiction that have entered into effect and orders in criminal cases; therefore, the Supreme Court of Lithuania is exceptionally obliged to form a uniform practice of the courts of general jurisdiction on the matters of interpretation and application of the laws and other legal acts in criminal cases. In the Article, the author highlights the problems of forming the consistent judicial practice and its harmonization, which are solved by the Criminal Division of the Supreme Court of Lithuania, when it considers criminal cases in cassation. The analysis of the cassation activities of the Criminal Division in 2010–2015 indicates that almost in every third criminal case considered in cassation the final acts passed by the first instance and appellate courts or by the courts of both mentioned instances were overturned or changed. Therefore, in the author’s opinion, in the criminal justice of the Lithuanian Republic the precedents constituted in the cases considered by the cassation body become increasingly important. The judgments of the Supreme Court of Lithuania have to be compulsorily applied by the courts of general jurisdiction, but such an application has to be substantiated, informed and meaningful, but not formal. |
Keywords | consistency of judicial practice, cassation review of criminal cases, cases on private prosecution, Supreme Court of Lithuania. |
References | |
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